An Eviction Notice Withdrawal is a formal communication made in writing by a landlord to a tenant, revoking a past eviction notice. This action effectively stops the eviction process for all legal purposes and serves as proof for the tenant that the issue has been cured. If the notice is withdrawn, tenants usually have the right to continue living in the same place.
When written up properly, a withdrawal notice can help preserve landlord-tenant relations and prevent legal complications for both parties. There are multiple reasons why landlords may feel the need to withdraw an Eviction Notice they earlier issued to a tenant, such as when…
- The tenant clears unpaid rents after receiving a Notice to Pay or Quit
- The tenant cures a specific lease violation, say, by getting rid of an unauthorized pet
- The tenant and the landlord reach a mutual, informal agreement about the lease terms
- The landlord has had a change of heart due to personal or financial reasons.
Bear in mind that if only a notice was served but no court case was filed, the landlord should typically be able to withdraw the notice through a simple written communication to the tenant (like this one). Learn more about what happens when withdrawal is simple (no case filed yet) versus when a court filing is needed (a case filed) in our detailed blog post right here!
How We Can Help
With our ready-made, print-ready Eviction Notice Withdrawal letter, you can expedite the withdrawal process and, at the same time, meet the legal requirements for withdrawals.
We offer…
- A quick, cost-efficient alternative to paid drafting services
- Standard legal statements and reminders commonly found in Eviction Notice Withdrawal letters used across the U.S.
- Option to edit the text, tweak line spaces, change font size/color, and adjust other formatting elements, as per your individual preferences or legal requirements
- Ability to access and use the template in multiple file formats: Word, Google Docs, and PDF
Rest assured, our use of clear, professional language can help with writing the letter with legal clarity and protection for both parties. Thanks to our team of in-house legal experts, you can tailor this template to your specific lease situation and legally withdraw a past eviction notice in no time and with minimal effort on your part!
The Bottom Line?
Landlords should always document the withdrawal in writing and retain proof of service for future reference.
Our Step-by-Step Guide to Using Our Eviction Notice Withdrawal Template
Withdrawing an eviction notice means voluntarily putting a stop to the eviction process. Our template can be used to create an official letter that confirms that you have withdrawn the eviction notice. This template can be used for any reason to stop the eviction before a case has been filed in court.
Follow the guide on how you can tailor each fillable section to your specific lease situation:
Step 1: Date the letter
Enter the date at the top of the letter to officially establish when the notice was issued. Courts often use this date to confirm that the withdrawal occurred before any further legal action was taken.
Step 2: Identify the tenant
Next, fill in the tenant name(s) exactly as they appear on the lease agreement. Correctly identifying the tenant ensures the notice is directed to the right individual(s), and misnaming could create confusion or weaken its legal validity. Include the tenant’s current address, specifying the full property address, city, state, and zip code. This confirms the notice applies specifically to the leased property and avoids potential disputes if multiple properties or tenants are involved.
In case of multiple tenants, be sure to name and address each one. You can do so either in the same letter or via separate communications.
Step 3: Identify the rental property
As part of the subject line, mention the exact postal address to describe the rental property in question. This clearly communicates the purpose of the letter and formally identifies the eviction notice being withdrawn.
Step 4: Refer to the original lease agreement
In the main body, refer to the Lease Agreement by inserting the date it was signed and the state that governs it. This establishes the legal foundation for the withdrawal and connects it to the binding lease terms. Identifying the state also clarifies which court or tribunal shall have jurisdiction if matters escalate into a full-blown eviction lawsuit.
Step 5: Refer to original eviction notice
Naturally, if you are legally withdrawing a past eviction notice, you need to clearly identify the original eviction notice, such as the date it was issued, the reason for the notice, and the period given for the tenant to remedy the violation or vacate.
To learn what an eviction notice looks and reads like, feel free to check out our standard Eviction Notice you can use if a tenant fails to pay rent or violates lease terms!
Step 6: Specify when the violation was resolved
Specify the date the violation was resolved to demonstrate that the conditions prompting eviction no longer exist. This helps justify the withdrawal. You should then confirm the withdrawal of notice by informing and clarifying that no further action is required. It also confirms that the tenancy will continue under the existing lease terms.
Step 7: Add landlord’s info and signature
The landlord or property manager must add their full legal name, signature, and updated contact information, such as phone number, email, and mailing address. This section formally identifies who is issuing the notice, providing a way for the tenant to reach you (the landlord), and ensuring the letter is legally binding.
What’s Next?
Both parties must retain a copy of the withdrawal notice to be shared with tenants, lawyers, courts, and other relevant parties. Depending on local laws and lease terms, you can send the notice via certified mail, email, or hand delivery—either way, you must maintain proof of delivery. To that end, we attach a preformatted Affidavit of Service for your ease. When filling out the affidavit, make sure you are precise with dates and descriptions to avoid ambiguity.
Find out how to fill out our Affidavit of Service form in our in-depth blog post on eviction notices!
A Quick & Handy Resource For…
- Landlords
- Property management offices
- Real estate lawyers
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To Sum Up…
An Eviction Notice Withdrawal is a legal action by a landlord seeking to cancel a previously served eviction notice, effectively stopping the eviction process. Eviction notices may be withdrawn for various reasons, such as the tenant curing the lease violation, a mutual agreement being reached, or the landlord reconsidering due to hardship, error, or other concerns. Use a pre-drafted letter template like ours to ensure successful withdrawals of a past eviction notice!
